Daviess County - Indiana Criminal Code 2022

220

CRIMINAL LAWAND PROCEDURE

(c) Aperson who, with the intent of providing contraband to an inmate outside a facility: (1) delivers contraband to an inmate out side a facility; or (2) places contraband in a location where an inmate outside a facility could obtain the contraband; commits trafficking with an inmate outside a facility, a Class A misdemeanor. However, the offense is a Level 6 felony if the contraband is an item described in subsection (a)(3), and a Level 5 felony if the contraband is an item described in subsection (a)(4). 35-44.1-3-7. Prisoner possessing dangerous device or material. Aperson who knowingly or intentionally while incarcerated in a penal facility possesses a device, equipment, a chemical substance, or other mate rial that: (1) is used; or (2) is intended to be used; in a manner that is readily capable of causing bodily injury commits a Level 5 felony. However, the offense is a Level 4 felony if the device, equip ment, chemical substance, or other material is a deadly weapon. 35-44.1-3-8. Possession of a cell phone while incarcerated. Aperson who knowingly or intentionally pos sesses a cellular telephone or other wireless or cel lular communications device while incarcerated in a penal facility commits a Class A misde meanor. 35-44.1-3-9. Sex offender violating lifetime parole provisions. A person who is being supervised on lifetime parole (as described in IC 35-50-6-1) and who knowingly or intentionally: (1) violates a condition (including a special condition imposed by the parole board) of lifetime parole; or (2) without the authorization of the parole board, has direct or indirect contact with: (A) a child less than sixteen (16) years of age; or

(B) the victim of a sex offense com mitted by the person;

commits criminal violation of a lifetime parole condition, a Level 6 felony. However, offense described in subsection (a) is a Level 5 felony if the person has a prior unrelated conviction under this section. 35-44.1-3-10. Sexual misconduct. (a) The following definitions apply through out this section: (1) “Lawful supervision” means supervi sion by: (A) the department of correction; (B) a court; (C) a probation department; (D) a community corrections program, a community transition program, or another similar program; or (E) parole. (2) “Service provider” means: (A) with respect to a person subject to lawful detention: (i) a public servant; (ii) a person employed by a gov ernmental entity; or

(iii) a person who provides goods or services to a person who is sub ject to lawful detention; and (B) with respect to a person subject to lawful supervision: (i) a public servant whose official duties include the supervision of the person subject to lawful super vision; (ii) a person employed by a gov ernmental entity to provide super vision for the person subject to lawful supervision; or (iii) a person who is employed by or contracts with a governmental entity to provide treatment or other services to the person subject to lawful supervision as a condition of the person’s lawful supervision.

(b) A service provider who knowingly or intentionally engages in sexual intercourse or